Inheritance (Provision for Family and Dependants) Act 1975
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Change 1
14 Provision as to cases where no financial relief was granted in divorce proceedings etc.
(1) Where, within twelve months from the date on which a divorce order or nullity of marriage order has been made final or a judicial separation order has been made, a party to the marriage dies and— (a) an application for a financial provision order under section 23 of the Matrimonial Causes Act 1973 or a property adjustment order under section 24 of that Act has not been made by the other party to that marriage, or (b) such an application has been made but the proceedings thereon have not been determined at the time of the death of the deceased, then, if an application for an order under section 2 of this Act is made by that other party, the court shall, notwithstanding anything in section 1 or section 3 of this Act, have power, if it thinks it just to do so, to treat that party for the purposes of that application as if the divorce order or nullity of marriage order had not been made final or the judicial separation order had not been made, as the case may be. (2) This section shall not apply in relation to a judicial separation order unless at the date of the death of the deceased the order was in force and the separation was continuing.
14 Provision as to cases where no financial relief was granted in divorce proceedings etc.
(1) Where, within twelve months from the date on which a divorce order or nullity of marriage order has been made final or a judicial separation order has been made, a party to the marriage dies and— (a) an application for a financial provision order under section 23 of the Matrimonial Causes Act 1973 or a property adjustment order under section 24 of that Act has not been made by the other party to that marriage, or (b) such an application has been made but the proceedings thereon have not been determined at the time of the death of the deceased, then, if an application for an order under section 2 of this Act is made by that other party, the court shall, notwithstanding anything in section 1 or section 3 of this Act, have power, if it thinks it just to do so, to treat that party for the purposes of that application as if the divorce order or nullity of marriage order had not been made final or the judicial separation order had not been made, as the case may be. (2) This section shall not apply in relation to a judicial separation order unless at the date of the death of the deceased the order was in force and the separation was continuing.
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